Search: Affective Justice: Book Symposium: A Response
14 Mar Bradley Book Symposium: War Powers and the President’s Duty to Faithfully Execute International Law
[Michael D. Ramsey is Professor of Law at the University of San Diego School of Law] I join the other symposium participants in congratulating Curtis Bradley on a thoughtful, insightful and balanced treatment of an important topic. This post briefly addresses his discussion of international law and war powers in the U.S. legal system (principally, Chapter 10 of the book) while noting some areas of agreement and disagreement. Bradley’s central message here is that international law plays a role in shaping U.S. war powers, but “[m]uch of the interpretation and...22 Apr Alter Book Symposium: The New Terrain of International Law
...have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law shows how today’s international courts differ fundamentally from their Cold War predecessors. Most ICs today have ‘new-style’ features, compulsory jurisdiction and access for non-state actors to initiate litigation, which scholars associate with greater independence and political influence. Most ICs today have a mandate that extends beyond inter-state dispute resolution. Chapters in the book chart the uneven jurisdictional landscape of ICs today, and offer an account of the proliferation of new-style ICs. The book is first...29 Mar Symposium: Osofsky Reply to Knox
Litigation Part 2, and plan to critique in depth in a book review, Climate Change, Environmental Justice, and Human Rights: A Response to Professor Posner, that I am in the process of drafting—provides a normative argument against climate-change-based human rights claims under the Alien Tort Claims Act. This paper’s argument, like The Limits of International Law, is grounded in a number of explicit and implicit assumptions that an acknowledgment of multiple normative communities can help unpack. Furthermore, the difference between modified Westphalians and pluralists is more fundamental than the Gershwinian...20 May Symposium: Response–Defining the International Rule of Law and Moving Without Gravity
[Robert McCorquodale is the Director of the British Institute of International and Comparative Law, Professor of International Law and Human Rights, University of Nottingham, and Barrister, Brick Court Chambers, London. This is the sixth and final post in the Defining the Rule of Law Symposium, based on this article (free access for six months). For the other contributions, see links below.] I am immensely appreciative of the deep thought, and the time and effort, which the contributors to this Symposium have undertaken. My thanks, too, to the editors of Opinio...
28 Feb Unilateral and Extraterritorial Sanctions Symposium: Here We Go Again, Russian Aggression and Western Sanctions
answers. The EU, the US and their like-minded partners’ reliance on unilateral sanctions (on terminology see Charlotte Beaucillon, Introduction; see also Jean-Marc Thouvenin, chapter 9) in response to Russia violation of Ukraine’s territorial integrity and sovereignty illustrate the timeliness and relevance of the Handbook. In the closing remarks of Unilateral and extraterritorial sanctions policy: the Russian dimension, Ivan Timofeev (chapter 6) noted that “sanctions are most likely to remain a feature of Russian-Western relations for decades” and how “[a]ny new crisis may provoke further exchanges of restrictions.” This is, unfortunately,...15 Nov MJIL Symposium: A Response to Ilias Bantekas and Jens Ohlin by Darryl Robinson
[Darryl Robinson is an Assistant Professor at Queen’s University, Faculty of Law] This post is part of the MJIL 13(1) symposium. Other posts in this series can be found in the related posts below. I am delighted to participate in this online symposium, this time at the receiving end. The emergence of online symposia is a commendable innovation which I am eager to support. When academic conversation is carried out through journal articles, the rhythm is glacially slow. Years pass between argument, counterargument and response. Online symposia provide a rapid...13 Mar Cheng Book Roundtable: Are There Universal Values? (A Response to Professor Wilde)
...way in which the system is constructed so as to create impediments to [global justice].” My response to this view is stated in the penultimate paragraph of my book: This book begins where it begins, with the politics of theorizing. The account of the international legal system offered here has political consequences if decisionmakers adopt it. It rejects a blanket disapproval of international law and so will not resonate with trenchant exceptionalists or other scholars who radically challenge existing international power structures reflected in the international legal system. It also...10 Jan Israel’s Shifting Defense of Its Attack on the UN School (Updated Again)
books nor is there any reason whatsoever to conclude that they are "one-sided." Such a judgment could only come from someone who has not taken the time to read the books in question. That is to say, don't just read the lists, but read the works that make up the lists. Patrick S. O'Donnell I've left an extended comment/post but it appears to have been eaten (this has happened before and it later appears so perhaps it will this time as well; if it does, it just means I didn't...
15 Apr ICC Prosecutor Symposium: Advice for the Incoming ICC Prosecutor–Engage the U.S. Public Directly
[Beth Van Schaack is the Leah Kaplan Visiting Professor in Human Rights at the Law School and a Visiting Scholar at the Center for International Security & Cooperation at Stanford University. Please don’t miss Patryk I. Labuda’s symposium post at Justice in Conflict.] The relationship between the United States and the ICC has been characterized by change more than continuity. Over the years, and across U.S. presidential administrations, these interactions have vacillated between a wary arms-length posture to constructive support and cooperation to overt hostility (see the ABA’s timeline here)....
16 Jun Is an Ineffective State Response to COVID-19 a Violation of Human Rights?
24; see also Poblete Vilches v. Chile). These human rights create a landscape in which States’ accountability for their response to COVID-19 can be adjudged upon. Ineffective State responses to the COVID-19 pandemic might not ostensibly go against international or regional human rights standards. However, when reviewed, violations of human rights become apparent. A common response by States that were ineffective in controlling the pandemic was a delayed response. The failure to act, especially when legally obligated to take measures to control and treat epidemics is a violation of Article...